Maui County BILL 9 passes

[easyrider]

The short term vacation rental legislation in Maui County is now law. The phase out dates are late 2028 for West Maui and 2030 for South Maui.

Bill

 

[sponger76]

The short term vacation rental legislation in Maui County is now law. The phase out dates are late 2028 for West Maui and 2030 for South Maui.

Bill

Now we just have to wait and see if it passes all the inevitable legal challenges. It'll probably be years before the dust settles and the final outcome is known. If it works, perhaps the rest of the counties will follow suit.

 

[easyrider]

Now we just have to wait and see if it passes all the inevitable legal challenges. It'll probably be years before the dust settles and the final outcome is known. If it works, perhaps the rest of the counties will follow suit.

It will be interesting to see who is in line to sue Maui County over BILL 9. I think you are right in that it will take years. Certainly more time than the end of 2028.

Bill

 

[jp10558]

So it seems like for some reason there are a lot of properties that were zoned apartment but built and allowed to be STR for a long time. That zoning seems the problem. IDK how hard it normally is to change zoning, or what all the legal issues are. I know zoning causes a lot of problems, but I also know people really don't like massive changes to where they live either. If you ask me, if something was built as STR and was approved, it should be pretty hard to change that down the road. OTOH, if you just set up an AirB&B I really do understand that running afoul of local laws and zoning. If I was in charge I'd be trying to figure out a way to promote long term housing building and zone it so it can't be bought up by an investor immediately and turned into a VRBO or whatever.

 

[rickandcindy23]

I don't see any zoning labeled as short term rentals. There are apartments, timeshares, etc. There are private houses, but those are zoned residential.

Soleil needs to talk to the county about making Hono Koa, Kahana Villas (and other properties they can no longer sell because they are old) into apartments for locals. They would get no fight from me. I will sign over our 3 weeks today.

It's a miserable situation when owners are walking away with the fees out of control and management has no rental income to make up the shortfall. Owners that are responsible are footing the bill to keep Soleil managing these complexes, and something's got to give.

 

[easyrider]

So it seems like for some reason there are a lot of properties that were zoned apartment but built and allowed to be STR for a long time. That zoning seems the problem. IDK how hard it normally is to change zoning, or what all the legal issues are. I know zoning causes a lot of problems, but I also know people really don't like massive changes to where they live either. If you ask me, if something was built as STR and was approved, it should be pretty hard to change that down the road. OTOH, if you just set up an AirB&B I really do understand that running afoul of local laws and zoning. If I was in charge I'd be trying to figure out a way to promote long term housing building and zone it so it can't be bought up by an investor immediately and turned into a VRBO or whatever.

Maui County is horrible regarding zoning, permits and anything regarding development. The good is this makes it difficult to build in Maui. The bad is this makes it difficult to build anything in Maui.

Many of the str properties in Maui were originally set up to house workers. These properties should have never had been turned into short term rentals because of a grand father clause zoning loophole, imo.

Bill

 

[ScoopKona]

I'd be trying to figure out a way to promote long term housing building and zone it so it can't be bought up by an investor immediately and turned into a VRBO or whatever.

Converting timeshare condos into apartments accomplishes this. Investors can't buy the entirety of Hono Koa like they can a SFR.

If I was made dictator of Hawaii, my first order would be to lift the restriction on mixed-use zoning. I asked to build residential apartments over my coffee tasting room. It was shot down because "no mixed use."

 

[jp10558]

Converting timeshare condos into apartments accomplishes this. Investors can't buy the entirety of Hono Koa like they can a SFR.

If I was made dictator of Hawaii, my first order would be to lift the restriction on mixed-use zoning. I asked to build residential apartments over my coffee tasting room. It was shot down because "no mixed use."

Yea, I feel like the "no mixed use" is a big issue in many problems. The whole way cities worked for almost all of history was basically all being mixed use. You can't get through "middle density" - i.e. when there's enough demand and people to support shops with apartments above if you insist that you somehow take up more space having a shopping tower and an apartment tower. You also don't help get away from having to have cars to get between the different zoning areas but cars eat masses of space at both ends of the equation.

 

[ScoopKona]

Yea, I feel like the "no mixed use" is a big issue in many problems. The whole way cities worked for almost all of history was basically all being mixed use. You can't get through "middle density" - i.e. when there's enough demand and people to support shops with apartments above if you insist that you somehow take up more space having a shopping tower and an apartment tower. You also don't help get away from having to have cars to get between the different zoning areas but cars eat masses of space at both ends of the equation.

I'd keep the restriction over restaurants. And I'd even put all the restaurants in the same one-story building, away from the mixed use. Too many restaurant fires. Can't abandon safety just to be more efficient.

If the shopping center down the road from my farm did this, it would create around 400,000 square feet of living space. And it's owned by a native land trust, so there will never be any way for investors to exploit it.

And then we have vacant commercial buildings (at least we do here). The abandoned KMart alone could house dozens of families. Parking and infrastructure is already there. Tear it down and build housing. Retail isn't coming back. Having so many homeless on the Big Island while massive buildings sit empty is an utter failure of imagination.

Surely Maui has plenty of the same which could be shovel-ready in a matter of weeks.

 

[jp10558]

I'd keep the restriction over restaurants. And I'd even put all the restaurants in the same one-story building, away from the mixed use. Too many restaurant fires. Can't abandon safety just to be more efficient.

If the shopping center down the road from my farm did this, it would create around 400,000 square feet of living space. And it's owned by a native land trust, so there will never be any way for investors to exploit it.

And then we have vacant commercial buildings (at least we do here). The abandoned KMart alone could house dozens of families. Parking and infrastructure is already there. Tear it down and build housing. Retail isn't coming back. Having so many homeless on the Big Island while massive buildings sit empty is an utter failure of imagination.

Surely Maui has plenty of the same which could be shovel-ready in a matter of weeks.

It's the same here - our mall has been mostly turned into medical offices. What I really don't understand is the need of the extreme expansion in medical offices. At least they're making use of the parking and power and building that's already there.

I did ask my sister, a civil planner by education about why we don't just turn many of the empty buildings into housing, and the answer was mostly way more sewer and water needs and hookups. Of course I guess if you're tearing down the existing building, maybe the hook-ups can still work, but that's also not saving much from the existing construction.

 

[1Kflyerguy]

I did ask my sister, a civil planner by education about why we don't just turn many of the empty buildings into housing, and the answer was mostly way more sewer and water needs and hookups. Of course I guess if you're tearing down the existing building, maybe the hook-ups can still work, but that's also not saving much from the existing construction.

Many office buildings have the wrong footprint to turn into housing. I think the building codes require windows for natural light and emergency access. While office buildings have windows, the floors are often very large, and you would have unusable space in the center without access to windows.

 

[1Kflyerguy]

I am curious to see how this plays out. Does it create as much additional housing as hoped? Or do some people keep the property as a second home and don't rent it out? That is, in a way, the worst outcome for the county. They lose their jobs and tax revenue, but still don't get the housing. Obviously, many people need the rental income to cover the mortgage and expenses, but some don't.

 

[ScoopKona]

Many office buildings have the wrong footprint to turn into housing. I think the building codes require windows for natural light and emergency access. While office buildings have windows, the floors are often very large, and you would have unusable space in the center without access to windows.

Considering how dire the situation is, Knocking down old strip malls and rebuilding them in "it worked for European cities for 2,000 years" mixed-use style can't come soon enough. Workers are commuting two hours each way to get to Kailua-Kona where the jobs are. They're commuting from Hilo and Oceanview.

It's utterly unsustainable. And it's going to break the islands if allowed to continue. Toss aside the slogans. "Hawaiian lands in Hawaiian hands." If physicians and nurses can't afford to live here, that's not good for the gazillionaires who own all the vacation palaces on the Kailua-Kona hillside. The Manago hotel has been converted into dorm housing for visiting nurses and physicians -- and even that isn't enough. And our county mayor is pushing hard to open another hospital here. But we can't fully staff the two hospitals we already have.

 

[lynne]

Considering how dire the situation is, Knocking down old strip malls and rebuilding them in "it worked for European cities for 2,000 years" mixed-use style can't come soon enough. Workers are commuting two hours each way to get to Kailua-Kona where the jobs are. They're commuting from Hilo and Oceanview.

It's utterly unsustainable. And it's going to break the islands if allowed to continue. Toss aside the slogans. "Hawaiian lands in Hawaiian hands." If physicians and nurses can't afford to live here, that's not good for the gazillionaires who own all the vacation palaces on the Kailua-Kona hillside. The Manago hotel has been converted into dorm housing for visiting nurses and physicians -- and even that isn't enough. And our county mayor is pushing hard to open another hospital here. But we can't fully staff the two hospitals we already have.

The county will be building another hospital on the west side of the island. It is sorely needed along with an expansion of North Hawaii hospital. From personal experience, being able to get care here without the need to fly to Oahu for specialized services that currently do not exist is welcome.

Article from December 2024:
"The Queen’s Health Systems today announced plans to build a modern 80-Bed Hospital in Kailua-Kona. The new hospital will deliver comprehensive inpatient and emergency care. Key features include a state-of-the-art emergency department, an ambulatory care center, and a helipad to enhance inter-island patient transfers.

The hospital’s planned location is on a parcel owned by QHS in West Hawaii Business Park. “Our goal is to create a centralized outpatient and specialty care hub to serve the West and North region of Hawaiʻi Island,” said Jason Chang, President and CEO of The Queen’s Health Systems. “This plan presents a transformative vision for healthcare delivery on the Island of Hawaiʻi. Anchored in the principles of “care close to home,” this plan addresses the pressing challenges of delivering healthcare in rural and isolated settings while leveraging innovation, sustainability, and community engagement to create a resilient and patient-centered healthcare ecosystem.”

Supporting the healthcare workforce is an adjacent housing development designed to attract and retain medical professionals by offering affordable housing all within a connected community. Rural healthcare faces significant challenges in attracting and retaining skilled employees, especially with the shortage of affordable housing. To address this, Queen’s is exploring an innovative affordable housing program, offering employees the chance to purchase homes at below-market rates.

“This vision not only enhances Queen’s ability to recruit and retain staff but also fosters deeper community ties as employees become homeowners,” said Chang. “Financially secure and invested in their community, employees experience reduced stress, higher job satisfaction, and a stronger commitment to Queen’s and the communities we serve. Meanwhile, Queen’s benefits from a stable workforce, improved patient care, and a strengthened local economy. These outcomes align with the program’s vision to support the well-being of both its staff and the rural communities Queen’s serves.”

Queen’s also plans to develop a State-of-the-Art Facility at Queen’s North Hawaiʻi Community Hospital. A 40,000-square-foot center for outpatient and specialty care. Highlighting this facility is the development of a destination Cancer Center, offering advanced services such as Radiation Oncology, Infusion Therapy, Oncology Surgery, and groundbreaking Precision Medicine and Genomics. This facility aims to reduce off-island travel for a full array of healthcare needs including cardiac care, surgeries, diabetes, chronic disease management while delivering care close to home.

Queen’s also envisions a plan to provide new healthcare services in Kona that will include Skilled Nursing, Post-Acute Care, and Urgent Care facilities. The Queen’s vision may also include destination services such as a Spinal Cord Rehabilitation Center, offering advanced recovery therapies and attracting patients from the Pacific Rim and beyond. These services are designed to improve local access while establishing Kona as a global leader in specialized rehabilitation.

The unified implementation plan is phased over seven years. Possible funding strategies will include private investments and philanthropic contributions.

 

[ScoopKona]

The unified implementation plan is phased over seven years. Possible funding strategies will include private investments and philanthropic contributions.

I'll see all of the above and raise you one monorail project and one roundabout in Honolulu. I've seen too many projects blow up their budget, blow up their schedule, and fall flat on their face -- not accomplishing their goal even a little. What's ridership on our $12 billion monorail these days? I can tell you -- taxpayers are paying $73 for each $3 fare we subsidize.

County government over-sells and under delivers. It's basically a timeshare presentation. Build housing. Fill the two hospitals we already have. Build more housing for all the people commuting from Hilo and Oceanview. And then let's talk about a multi-billion dollar project funded with philanthropy and good intentions.

Honolulu's Skyline rail ridership still paltry, cost now $72 each | Grassroot Institute of Hawaii

Skyline’s average daily ridership since opening in July is 3,100 Despite opening to much fanfare this summer, Honolulu’s over-budget, behind-schedule Honolulu rail project, aka Skyline, has not attracted anywhere near the ridership numbers that city officials had hoped for. Of course, the...

www.grassrootinstitute.org

 

[1Kflyerguy]

Considering how dire the situation is, Knocking down old strip malls and rebuilding them in "it worked for European cities for 2,000 years" mixed-use style can't come soon enough. Workers are commuting two hours each way to get to Kailua-Kona where the jobs are. They're commuting from Hilo and Oceanview.

I was speaking about the office buildings typical in cities or office parks, not strip malls. I am all for mixed use. We have some of that here in San Jose, and they are building more. It's a great concept, and it works.

 

[ScoopKona]

I was speaking about the office buildings typical in cities or office parks, not strip malls. I am all for mixed use. We have some of that here in San Jose, and they are building more. It's a great concept, and it works.

Agreed.

Honolulu won't have as much success with mixed use. But over here, it's all strip malls. Our physician's offices are in strip malls. The shopping is in strip malls. And we've got a few abandoned big box stores which could be razed and put to use immediately. I know that we can't just add two stories of residential to existing strip malls -- they'll collapse. But as we tear down and replace old buildings, we should do so with housing in mind. And without a doubt, every new resort needs to come with a "build worker housing or you'll never get an occupancy license" restriction.

What we don't have, is political courage. Mayor Alemeda is pushing hard for a new hospital because it will get him re-elected. Our voter base skews ancient and they have owned their houses for decades. It's no skin off their posterior if workers have to make Manhattan-level commutes just to earn $30/hour at Crazy Shirts and the "Pick your own Pearl" tourist trap.

I'm all for more physicians as well. But if we fix housing, many of our big-picture problems fall in line. Neurosurgeons aren't going to flock to Hawaii Island, no matter how badly we need them. Not unless they can easily buy a nice house in a nice neighborhood with nice schools for their nice children.

We lack the houses. And the private school up in Waimea costs $40K per year -- K-12. Even with zero inflation, that's half-a-million that evaporates (per child) compared to practicing medicine someplace that has good public schools. (On the "Accurate Map of Big Island," that private school is labeled "Mainland Misfits Prep School." And two public schools are labeled "K-12 Education in Drugs, Sex and Violence" and "K-12 Education in Drugs, Sex, Gambling and Violence." Those aren't the only public schools, but they're the two largest.)

I'm not going to post it here because it's probably incendiary enough to irk the moderators. But if you search for "A different Map of the Big Island," you'll find it. It's surprisingly accurate. I live at the intersection of Poor Kona Coffee Farmers, Illegal AirBnBs and Smelly Hitchhikers. Check, check and check.

 

[VI Guy]

What does Bill 9 mean for a property like Maui Hill.... that is currently timeshares, Aston Hotel and private residences?

 

[Luanne]

What does Bill 9 mean for a property like Maui Hill.... that is currently timeshares, Aston Hotel and private residences?

I wonder that myself since we own there. So far Maui Hill hasn't sent out anything showing any concern.

 

[lynne]

I wonder that myself since we own there. So far Maui Hill hasn't sent out anything showing any concern.

It appears that Maui Hill will be affected since they are operating as a resort in an apartment zoned area:

• Aston Maui Hill (or Maui Hill Resort): Located in Kihei (South Maui), it's an apartment-zoned property that was on the Minatoya List, meaning its short-term rental operation is being phased out.
• No More Nightly Rentals Soon: After the deadlines (2029 for West Maui, 2031 for South Maui), these units must become long-term rentals or revert to residential use, removing them from booking sites.

As a resort, Aston is simply the management company to maintain the property. They allow private owners to pool their property for rental. I expect it will be included in the Bill 9 phase-out.

Aston Maui Hill consists of privately owned condominium units that are managed and rented out through Aston Hotels & Resorts, allowing owners to participate in the rental pool while also offering guests hotel-style amenities and services, though decor and exact unit features vary by owner.
Key Points:

• Individual Ownership: The condos are owned by different individuals or entities.
• Rental Pool: Owners can list their units with Aston to be rented out, similar to a hotel.
• Varying Interiors: Because they are individually owned, the decor, furnishings, and even specific amenities can differ from one unit to another.
• Aston Management: Aston Hotels & Resorts manages the property, providing guest services, front desk, and shared resort amenities like pools, tennis courts, and BBQ areas.

 

[Luanne]

It appears that Maui Hill will be affected since they are operating as a resort in an apartment zoned area:

• Aston Maui Hill (or Maui Hill Resort): Located in Kihei (South Maui), it's an apartment-zoned property that was on the Minatoya List, meaning its short-term rental operation is being phased out.
• No More Nightly Rentals Soon: After the deadlines (2029 for West Maui, 2031 for South Maui), these units must become long-term rentals or revert to residential use, removing them from booking sites.

As a resort, Aston is simply the management company to maintain the property. They allow private owners to pool their property for rental. I expect it will be included in the Bill 9 phase-out.

Aston Maui Hill consists of privately owned condominium units that are managed and rented out through Aston Hotels & Resorts, allowing owners to participate in the rental pool while also offering guests hotel-style amenities and services, though decor and exact unit features vary by owner.
Key Points:

• Individual Ownership: The condos are owned by different individuals or entities.
• Rental Pool: Owners can list their units with Aston to be rented out, similar to a hotel.
• Varying Interiors: Because they are individually owned, the decor, furnishings, and even specific amenities can differ from one unit to another.
• Aston Management: Aston Hotels & Resorts manages the property, providing guest services, front desk, and shared resort amenities like pools, tennis courts, and BBQ areas.

That describes the rental units managed by Aston and probably the wholly owned units that are either owner occupied or rented out as STR. I can't figure out what they would do with the timeshare units.

 

[lynne]

That describes the rental units managed by Aston and probably the wholly owned units that are either owner occupied or rented out as STR. I can't figure out what they would do with the timeshare units.

It appears that the timeshare portion of Maui Hill will continue to be allowed in an apartment zone even if the owner-owned STR usage is phased out.

Maui Bill 9 does not affect timeshares; the law specifically exempts them, along with hotels and B&Bs, from the phase-out of short-term rentals (STRs) in apartment-zoned areas, aiming to return those units to long-term housing for residents. Timeshares, even if in apartment zones, are treated as a different category and are allowed to continue operating, with new legislation even proposing special hotel zoning to protect them, say Maui Property and Maui Recovers.
Key Points on Bill 9 & Timeshares:

• Exempt Status: Timeshare properties are explicitly excluded from the phase-out of transient vacation rentals (TVRs) in apartment-zoned districts, notes Hawaii Public Radio and Maui County.
• Administrative Clarity: Some properties with partial timeshare use might have appeared on lists (like Exhibit 2) for administrative clarity but were not targeted for rezoning, clarifies HiRealEstateExperts.com and Maui Property.
• Focus on "Minatoya" Rentals: Bill 9 targets older, "Minatoya" rentals in apartment zones, not hotels, resorts, or timeshares, according to My Perfect Stays and Beat of Hawaii.
• New Zoning Proposed: The Maui County Council's investigative group even recommended new hotel zoning (H-3, H-4) to protect properties that are timeshare-dominant or in visitor-heavy areas from the phase-out, according to Maui Property.